Divorce, Custody Disputes and the Terrible Epidemic of Murder-Suicide

Massachusetts family law attorney Nicole K. Levy examines the intersection
of divorce, family disputes and murder-suicide in Massachusetts.

Out of all of the consequences of a divorce or family dispute, by far the
most devastating is a murder-suicide. Unfortunately, these tragedies can
and do happen, often with alarming frequency. Stopping an individual bent
on homicide is not always possible, but there are steps that individuals
can take to prevent a family situation from escalating to the point of
violence and/or death.

Knowing the risk factors that often appear beforehand can help someone
understand just how dangerous things have become. It is important that
in all matters, safety is a priority for all parties involved, including
the children. If you ever feel unsafe or are threatened, you should call
the police or obtain and 209A. If you feel your partner is creating an
unsafe situation, you must remove yourself as quickly as possible. Taking
the necessary steps can hopefully prevent a situation from escalating
to something worse.

Murder-Suicides in Divorces and Family Disputes

The vast majority of murder suicides involve romantic partners, with male
perpetrators most often killing female romantic partners. Children are
killed somewhat less frequently.

The unique dynamics of Probate and Family Court cases – which often
involve disputes between family and loved ones, rather than strangers
– can cause tensions to escalate quickly in family related litigation,
with horrible consequences. Not all murder-suicides involving romantic
partners arise out of active divorce or child custody cases, but many do.

Recent Murder-Suicide Cases in Massachusetts

Gyrth Rutan (2018) – Maddilyn Burgess died on Aug. 9 in what authorities are
calling a murder-suicide. Her body was found inside the trunk of a car
driven by Gyrth Rutan.

Jeffrey Houston (2018) - Authorities have released the identities of a husband and wife
killed in an apparent murder-suicide in a rural Massachusetts town.

William Scaccia (2017) - A 49-year-old father with a history of domestic violence allegations
shot and killed his 6-year-old son, then turned a handgun on himself in
an apparent murder-suicide late Thursday, police and the Norfolk County
District Attorney’s office said.

Antonio Cardos (2016) - On Wednesday night, investigators found the bodies of 53-year-old
Rosa Goncalves and 61-year-old Antonio Cardoso in an apartment on Mason
Street. Police believe Cardoso murdered Goncalves and then killed himself.
Plymouth County District Attorney Timothy Cruz says the couple was in
a long-term relationship.

Gelcino Souza Oliveira (2016) - Elisete Benevides, 51, the sole resident of the Winter Street
home, and Gelcino Souza Oliveira, 50, of Beverly, were found dead on the
home’s side porch. Both suffered from knife wounds, and police said
Oliveira’s were self-inflicted.

Kevin O’Connor (2016) - Waltham Police officers surrounded a Forest Street home Sunday
where they are investigating an apparent murder-suicide allegedly involving
a former police officer with the department.

Nelson Delarosa (2015) - Police are investigating what is believed to have been a murder-suicide
late Tuesday night in Lawrence.

The Statistics: Murder-Suicides in Massachusetts and the United States

There are no official nationwide statistics for murder-suicides in the
US. According to a 2015 study by the
Violence Policy Center (VPC), “[m]ore than 1,200 people died in murder-suicides in America in
2014 and 93 percent of the killers used a gun”. The same study found
that 72% of murder-suicides were perpetrated by an intimate partner. “The
majority of the victims of murder-suicides were women, and the vast majority
of the killers were men”, VPN reported.

There are plenty of estimates that can enlighten us on how family issues
lead to violence. According to the
2010 National Intimate Partner and Sexual Violence Survey for Massachusetts, nearly half of women and a quarter of men have experienced
sexual violence of some sort.
Another report, this time by the nonprofit advocacy organization Jane Doe Inc., identified
266 homicide victims whose deaths were related to domestic violence in
Massachusetts between 2003 and 2012. The report found another 74 perpetrator deaths.

The vast majority of the perpetrator deaths in these cases—88 percent
of them—were murder-suicides. Another 7 percent involved the perpetrator
being killed either by police response to the altercation or by someone
else. The state of Massachusetts is not immune from scenarios like this.
In just the past year,
one murder-suicide happened in Foxboro, and
another in Montgomery.

Studies
indicate that about one-third of intimate partner murders end with the suicide
of the murder. (It is worth noting, however,
only 0.06% of suicide attempts involve murder of a third party. Most suicide attempts
involve self-harm only.)

Common Factors: Domestic Violence and Male Perpetrators

Many of the murder-suicides that occur have factors in common. The majority
of murder-suicides that can be linked to family or marital issues. According
to the figures provided by Jane Doe Inc., 231 of the 262 perpetrators
of domestic violence homicides were men, or 88 percent. This is not to
say that the murder victim in all of these was a woman. Some murder-suicides
that stem from family disputes involve a man killing another man who was
suspected of intruding into the family dynamic.

In the instances where it was a woman who initiated the violence, the report
from Jane Doe Inc. found that a majority of these situations included
evidence to suggest that she was a victim of a form of domestic violence
and acting in self-defense. There were very few instances to the contrary.

Another factor that frequently presented itself in murder-suicides that
stem from divorces or family disputes was gun ownership. The vast majority
of these killings are done with a firearm. Statistics also found that
in many cases, the firearm was owned legally.

A
major 2011 study by the University of Iowa found that murder-suicide rates climbed significantly
in recent years. Other findings included a comparison between murder-suicides
versus conventional murder, on the one hand, and conventional suicide,
on the other:

Perpetrators of murder-suicides are primarily male and victims tend to
be female. Of recent studies that reported the ages of the perpetrators
and victims, perpetrators tend to be slightly older than their victims.
Perpetrators are primarily heterosexual men physically abusing their partners,
with a history of substance abuse or mental illness. Victims tend to be
heterosexual women. Interestingly, US national studies have found that
the suicide rate for husbands who kill their wives is 19-26% while that
for wives who kill their husbands is 0-3%.

Murderers tend to be men. Suicide decedents are also likely to be men.
But, unlike murder-suicide victims, murdered victims tend to be male.
In fact, the sex distribution of murder-suicide to murder victims is almost
exactly opposite: ~75% of murder-suicide victims are women while ~75%
of murder victims are male.

Probate and Family Court: Often Difficult Terrain for Abuse Victims

Many murder-suicides that stem from family matters are impossible to predict
and seemingly come out of the blue. Under the surface, however, signs
of domestic violence often lurk. Cases that do exhibit warning signs are
no less terrifying than seemingly random events.

Unfortunately, in too many of these cases, the court system can be a closed
door. As we have noted in the
child sex abuse context, Massachusetts Probate and Family Court are often skeptical of abuse allegations,
even in the face of strong published evidence documenting the prevalence
of abuse in the population at large. The frequently glacial pace that
of family law cases move can also contribute to heightened tensions and
anger. A divorce or custody case may stretch for months, or even years,
leaving the parties entangled and unable to avoid stressful encounters.

Child custody cases in the Probate and Family Court are notoriously attractive
to domestic abusers, in part because judges frequently overlook a history
of domestic abuse as conflict “between the parents”, while
assigning parenting time to chronic abusers. Domestic violence victims
involved in child custody disputes frequently complain that they are punished
for having children with their abusers. Indeed, many of the avenues available
to domestic violence victims without children – such as moving to
another state, or changing one’s name – are unavailable to
victims who share a child with their abuser.

Even when victims do take action, the clogged system (and perhaps a fear
of false reporting) can leave potential victims of domestic violence,
or a potential murder-suicide, unprotected. While Massachusetts judges
have a reputation for granting
restraining orders easily, violations of restraining orders are often
handled leniently in the criminal system, leaving the perpetrator empowered and the victim
feeling alone.

Taking Precautionary Steps to Deescalate the Situation

Until there is a legal process that offers the protection needed, while
still satisfying the due process concerns that arise, victims of domestic
violence or people worried about the possibility of a murder-suicide in
their family need to be aware of protective services outside of the courtroom.
Organizations that provide this kind of protective help do exist in Massachusetts,
and offer these resources that often prove useful.

However, these organizations are often very localized, making it difficult
to know where to look. To help on this front, Jane Doe Inc. has
an interactive tool that provides local listings for domestic violence and other family services
based on your town or even zip code. Other resources are available through
Healing Abuse Working for Change (HAWC), a Salem-based agency that focuses on domestic violence prevention and
services on the North Shore of Massachusetts.

There are no easy answers to the problem of murder-suicide, which is driven
by converging societal forces including gun violence, tolerance for domestic
violence, the national mental health crisis, and the increased notoriety
of mass shooters. What is clear is that the first step to solving the
problem is acknowledging that the crisis exists. It is important for policy-makers,
the media and ordinary citizens to contextualize each murder-suicide as
part of a broader epidemic that is separate and distinct from “ordinary”
murder or suicide.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.